Sayed Mustaque Ali v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C)(OAC) No.561 of 2017 Sayed Mustaque Ali ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

02.09.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. A.A. Dash, learned counsel for the Petitioner and Mr. N. Prusty, learned Standing Counsel appearing for the Opp. Parties.

3. The present writ Petition has been filed with the following prayer:- "In view of the facts stated above, the applicant prays that this Hon'ble Tribunal may graciously be pleased to: (i) Admit the Original Application.

(ii) Call for the record;

(iii) Quash the impugned order dated 03.10.2016 under Annexure-4 and order dated 21.10.2016 under Annexure-6 Issued by the Respondent No.1 and order dated. 27.12.2016 under Annexure-7 passed by the Respondent No. 5 and direct the respondents not to take any action to withdraw the RACP already paid to the applicants and further allow the applicants to continue to get RACP as before without any break;

(iv) Direction may issued the Respondent No.5 to pay the benefits which is already recovered from the

// 2 // Applicants vide order dated. 27.12.2016 under Annexure-7.

And may pass any other order/ orders as this Hon'ble Tribunal may deem fit and proper in the eye of law."

4. It is submitted that the issue involved in the present case has already decided by this Court in its Judgment dtd.24.06.2022 passed in W.P.(C) No.7281 of 2018 and 4848 of 2022.

5. In view of the submission made by learned counsel appearing for the Parties, the writ Petition is disposed of with a direction on the Opp. Parties to act in accordance with the Judgment passed by this Court on 24.06.2022.

6. The writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha